Patna High CourtCR. MISC./61348/2023bail granted

Abhishek Kumar @ Milarua v. The State Of Bihar

2023-09-12Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61348 of 2023 Arising Out of PS. Case No.-916 Year-2021 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Abhishek Kumar @ Milarua S/O Maidal Rai @ Parmod Ray Resident Of Village- Lalpokhar, P.S- Sadar Hajipur, District Vaishali ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Aniket Singh For the Opposite Party/s :

Mr.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-09-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Hajipur Sadar P.S. Case No. 916 of 2021 dated 18.10.2021 registered for the offence punishable u/s 394 of the Indian Penal Code.

4. As per the prosecution case, four unknown miscreants are alleged to have entered the office of the informant and looted Rs. 3,08,610/- and also snatched mobile phones of the staffs and fled away with a motorcycle of Monu Kumar Singh.

5. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.61348 of 2023(2) dt.12-09-2023 2/2 the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the confessional statement of the co-accused, Vishal Kumar. The other co-accused person has already been granted bail by the Co-ordinate Bench vide order dated 02.01.2023 passed in Cr. Misc. No. 18447 of 2022. The petitioner is accused in one more criminal case as stated in para 3 of the bail petition. The petitioner is in custody since 18.04.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Vaishli at Hajipur in connection with Hajipur Sadar P.S. Case No. 916 of 2021.

8. The application stands allowed.

atul/- (Chandra Prakash Singh, J) U T